Initial Rent Was Proper

Tenant complained of a rent overcharge, challenging the initial rent for her apartment. Tenant argued that the prior tenant had been evicted, so the vacancy decontrol rules shouldn't apply. The DRA denied tenant's complaint, and set the initial rent at approximately $2,400 per month. Tenant appealed, and the DHCR upheld the DRA's ruling. The DHCR found that the former occupant of the apartment hadn't been evicted---he'd left after reaching an agreement with landlord settling a building-wide rent strike. And the tenants before him had abandoned the apartment. Tenant appealed again, and the court sent the case back to the DHCR for another hearing. Landlord appealed, arguing that the DHCR's ruling hadn't been arbitrary or capricious. The appeals court agreed with landlord and dismissed the case. The DHCR's ruling was rational and based on credible evidence that prior tenant had moved out voluntarily. The DHCR properly found that the initial rent was $2,300.

Matter of Greco: NYLJ, p. 26, col. 3 (8/29/94) (App. Div. 1 Dept.; Ellerin, JP, Kupferman, Rubin, Tom, JJ)